Man ill-cited at airport, ACLU says

By Rod Ohira
Advertiser Staff Writer

A California dentist who was taken off an interisland flight, detained for two hours and cited for complaining about being searched at three different security checkpoints at Honolulu International Airport on May 10, was punished for expressing his views, according to the American Civil Liberties Union.

ACLU legal director Brent White and attorney Pamela O'Leary Tower will represent Fred Stuart of Hermosa Beach, Calif., when he is tried Aug. 6 on a charge of "harassing another person with loud and demeaning or threatening conduct," a violation of the Transportation Department rules on prohibited conduct at state airports.

"People have the right to complain, even after Sept. 11, and to challenge an order of government," White said.

Tower said Stuart and his traveling companion — college professor Pauline Espitia — were stopped at three separate security checkpoints while trying to make a scheduled Hawaiian Airlines flight from Hono-

lulu to Lihu'e, Kaua'i. They complained about being searched for a third time at the flight gate.

The couple were cleared to board the flight. State officers, however, later took them off the flight and issued the citations.

According to the ACLU, Stuart was cited for violations of the transportation department's administrative rules addressing the "distribution of literature, solicitation of contributions, demonstrations and public opinion surveys" at public airports.

Espitia expressed concern after the third stop that she was being singled out because of her race, Tower said. Espitia, who is Hispanic, has decided not to contest her two citations and has paid $50 in fines.

If convicted of the offenses, Stuart could be sentenced up to 30 days in jail and/or fined $1,000.

Dennis Higa, who is in charge of the airport while acting Airports Administrator Roy Sakata is out of town, said witness statements and reports from screeners he had seen indicate that Stuart was yelling and using abusive language at Gate 60.

When asked about ACLU's statements, Higa said he couldn't comment because he needs more information. But Higa said, "At this point, we have people at the gates who are expected to make calls on citations."

In an unrelated case yesterday, District Judge Christopher McKenzie granted attorney David Hayakawa's request to postpone the arraignment and plea for American Airlines pilot Harry Hartsough, accused of assaulting Honolulu Airport screener Michael Botelho. The court hearing is now set for June 24.